Wills & Trusts Law Reports | Winter 2019 #177The claimants are beneficiaries of a number of Bahamian trusts; Taylor Wessing LLP (TW) act as the solicitors for the trustees of a number of these trusts.
On 14 August 2014, the claimant served a subject access request (SAR) on TW, requesting disclosure of the personal data relating to them held by TW as the solicitors for the trustees They were unsatisfied by the disclosure provided to them by TW, and brought proceedings under s7(9) of the Data Protection Act 1998 (DPA 1998).
The matter came before the Court of Appeal ([2017] 1 WLR 3255), which ...
William Moffett examines when trust information should be disclosed to beneficiaries and the importance of holding trustees to account ‘Beneficiaries with fixed interests, as distinct from discretionary beneficiaries, can reasonably expect disclosure to be made to them by trustees, or to receive the assistance of the court in obtaining disclosure if it is refused to …
Continue reading "Disclosure: Considering entitlement"
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The Court of Appeal has provided beneficiaries with an alternative avenue for seeking disclosure against a trustee. Sophie Holcombe explains ‘The Court of Appeal expressly stated that it would not be correct to refuse to exercise the court‘s discretion to order compliance “because this disclosure could not be obtained from the trustees under the governing …
Continue reading "Disclosure: Uncovering trustees‘ reasons"
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The first deadline for submitting a gender pay gap report may have passed but, as Joanna Mason warns, the risks for employers who have identified a large gap are only likely to rise ‘Setting out clear goals and practical steps to achieve organisational change is key to convincing current and future employees, as well as …
Continue reading "Gender pay gap: The first reports – procrastination, fabrication and obfuscation?"
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Charles Wynn-Evans reviews the use of subject access requests in light of a recent High Court decision ‘The SAR (subject access request) was undoubtedly introduced with the best of intentions to ensure that individuals can monitor what information is held on them and what is being done with it.’ Under s7 of the Data Protection …
Continue reading "Data Protection: Show and tell"
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